DRAFT
CITY OF ROCKY RIVER
OCTOBER 11, 2004
Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:04 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Lesiecki
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Legislative Meeting of September 27, and the meeting of the Committee-of-the-Whole and Executive Session of October 4 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Frost, that the reading of the minutes of the meeting of the Contracts - Government and Judicial Committee of September 27 be waived and that the minutes be accepted as submitted.
Vote: Hagan - aye Frost - aye Bobst - aye
3 ayes 0 nays PASSED
LAW DIRECTOR'S REPORT:
Mr. Matty requested that Ordinance No. 138-04 be placed on hold because the easement attached as Exhibit "A" was not prepared by an attorney. He requested that the applicant be contacted and a revised easement be prepared.
An amendment to Ordinance No. 87-04 was drafted at Council's request. Mr. Matty indicated that if Council is entertaining the idea of passage, the ordinance would first require amendment..
MAYOR'S REPORT:
Before discussion of quiet zones, the Mayor distributed a synopsis of the interim final rule prepared by Mayor Robert Blomquist of Olmsted Falls. On September 17, the Mayor attended a meeting of the Northeastern Ohio Mayors and Managers Association where the regulations were discussed. This meeting involved Ohio legislation for a specific number of Ohio communities and does not have a general application for this area. The reference to "quiet zone" means the elimination of whistle blowing before a train reaches a crossing. The sheet distributed is a synopsis of a federal law introduced a year ago; comments were received through February and the effective date is this December.
Our City has six crossings, four over and two under the tracks. The two under, Lake Road and Smith Court are of no concern, but in order to implement a quiet zone, the other four, at Linda, Morewood, Wagar and Elmwood would require a thorough analysis, determination of qualifications and construction of barriers so that no one can go through when a train is passing. There was a mention of concrete barriers 100-150 yards before the crossing, or a double-sided firm barrier. The cost could be $300,000 per crossing. For more information, the Mayor recommended their website, http://www.fra.dot.gov./, or a call to Mayor Blomquist.
Discussion: Mr. Gollinger asked about different kinds of horns at the crossing.
Mr. Matty responded that this is an option under the law. This has to be done in concert with our neighbors to the west. Such a "wayside horn" located at the crossing is less intrusive than that a locomotive horn because it is not as loud.
Wooster Road opened today with a ribbon-cutting ceremony at noon. About 30-35 persons were in attendance. The Mayor reported that the road looks good with the striping completed for the newly configured three lanes (center turn lane).
The Mayor again cautioned residents against leaving their cars unlocked in the driveway overnight. There has been another outbreak of thefts from cars on Argyle and Buckingham. Stolen items, including a purse and a car were recovered in Parma.
Letters are going to residents in the Wooster-Story area who failed the dye-testing by URS.
The first accident on the newly created parking spaces just west of Wooster on Detroit has occurred. The Mayor encouraged all to park in the spaces so that drivers would not drive across the spaces. He will send a letter to merchants encouraging parking.
The number of flu shots has been decreased because of supply problems. The shots are now being confined to those over 65 or with chronic health problems or situations. If more shots become available at a later date, the program will be revisited.
Participation in the Cuyahoga County Solid Waste District by Mr. Linden's office resulted in their pickup of 719 old tires from the Service holding area. There was no cost to the City for this service.
COMMITTEE REPORTS:
Environmental Committee: Mr. Gollinger reported that his committee had met this evening and as a result of the meeting, Mr. Matty will modify language in the ordinances pertaining to rental properties. When available, it will be reviewed at the Committee-of-the-Whole.
Safety Committee: Mr. Frost reported that the Working Group on Animal Control Laws will meet on October 19 from 7 to 9 p.m. in the Committee Room to finalize recommendations to the Safety Committee.
COMMUNICATIONS AND ANNOUNCEMENTS:
The Economic and Community Development Advisory Board will meet tomorrow, October 12 at 8:30 a.m. in Director Koran's office.
Beautification Committee will also meet tomorrow at 7:00 p.m. at the Don Umerley Civic Center to receive updates from projects.
On Thursday, October 14, the Chamber of Commerce will sponsor the Business to Business Expo 2004. Over 100 exhibitors will be in attendance.
Mr. Frost has received an e-mail from Tom Clutterbuck about the bait shop at Bradstreet's Landing (Exhibit "A")
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, read his letter asking that River Residents be allowed to vote on the Master Plan. (Exhibit "B")
ORDINANCE NO. 84-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1151.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "OFFICE BUILDING DISTRICT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Potterfield indicated he is waiting for the approved minutes of the Planning Commission before scheduling a vote. He expects the minutes after their meeting of October 19 and he will then schedule a vote for the next Legislative Meeting in two weeks.
Mrs. Bobst also had questions at the last Committee-of-the-Whole. In Exhibit "A", (4) (ii) vehicle stacking, she asked the Law Director to confirm that her interpretation of the point where measurements were begun is accurate, i.e. the outer edge of the stacking lane can be no closer than 35' to a residential property. This was confirmed by Mr. Matty. Issues of lighting, noise and litter are addressed in other sections of the Code and would apply in this case as well.
ORDINANCE NO. 85-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1151.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "LOCAL BUSINESS DISTRICT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
See discussion for Ordinance No. 84-04.
ORDINANCE NO. 86-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1151.05 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GENERAL BUSINESS DISTRICT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
See discussion for Ordinance No. 84-04.
ORDINANCE NO. 87-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE ADDING SECTION 1151.07 TO CHAPTER 1151 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "DRIVE-THROUGH SERVICE BUSINESSES" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
See discussion for Ordinance No. 84-04.
RESOLUTION NO. 91-04 BY BRIAN HAGAN
A RESOLUTION APPROVING THE UPDATED PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS GUIDELINES AND HANDBOOKS AND DECLARING AN EMERGENCY
This ordinance continues on hold as requested by the Law Director.
ORDINANCE NO. 115-04 BY EARL W. POTTERFIELD
AN ORDINANCE TO DIVIDE CURRENT PERMANENT PARCEL NO. 302-04-004, LOCATED SOUTH OF LAKE ROAD AND OWNED BY THE CITY OF ROCKY RIVER, INTO PARCEL "A" AND PARCEL "B", AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Potterfield asked the Mayor if there was anything to report on this ordinance and Ordinance No. 116-04. Mr. Lesiecki has spoken to John Zampino of HzW Environmental Consultants, and they have agreed to send a representative of their company to answer questions from Council members. It was agreed that they would be invited for a meeting on November 8 at 7:00 p.m. for a meeting of the Planning, Zoning and Economic Development Committee. The two ordinances continue on hold.
ORDINANCE NO. 116-04 BY EARL W. POTTERFIELD
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY IN THE CITY OF ROCKY RIVER KNOWN AS PARCEL "B", PART OF AUDITOR'S PERMANENT PARCEL NO. 302-04-004, FROM ITS PRESENT CLASSIFICATION OF PUBLIC FACILITY (PF) TO OFFICE BUILDING - 2 (OB-2), AS FURTHER DESCRIBED IN EXHIBIT "A"
See discussion for Ordinance No. 115-04.
RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
This resolution has been referred to the Planning Commission. The Master Plan will be presented to them on October 19.
AMENDED ORDINANCE NO. 134-04 BY BRIAN F. HAGAN
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A WESTSHORE COUNCIL OF GOVERNMENTS AGREEMENT FOR THE CENTRAL FIRE DISPATCH CENTER, AND DECLARING AN EMERGENCY
3RD READING
Moved by Mr. Hagan, seconded by Mr. Frost, that Ordinance No. 134-04 be passed as read:
Discussion: Mr. Hagan noted that he has spoken to members of safety forces of our city and others as well as colleagues on different councils to gain perspective and address his concerns. As mentioned when introduced, there will be no immediate financial benefit, but will cost money. It can, however, be life-saving. Mr. Hagan's concern is not on the equipment which is financed through a grant, but rather on manpower to staff the center and those costs. In a memo received from the Mayor, it was determined that the cost for 2005 will be limited to $75,000. At this point, it is impossible to know if a tragedy might occur in which quick action by central dispatch can save lives. He believes it is the right step.
Mr. Gollinger had expressed concerns in terms of additional costs with no reduction of current costs. After a conference with the Mayor and Chief Flynn, his comfort level has been raised since costs for our city will be limited to $75,000 for 2005. The plan has a number of merits and the first year of operation would allow the City to measure its success and receive feedback from residents.
Mr. Frost acknowledged that Mayor Knoble had been right from the beginning, basing his opinion on increased service and better safety. Mr. Frost was concerned about the costs if North Olmsted were not to join, but is reassured by the Mayor's numbers. He also expressed appreciation to the fire chiefs who attended the meeting and answered questions. He said that Council will be able to judge after six months if continued participation is in the best interests of residents.
Mr. Matty cautioned Council members that as the agreement is written, capping of the City's contribution is meaningless because it is not included in the contract. If costs were to rise, the only way the City could avoid further payment would be to withdraw. In order to remain in the program and not contribute more than our cap, the dollar amount would have to be in the contract and acknowledged by the other cities.
The Mayor explained how he had arrived at his $75,000 number, which he believes is accurate for 2005. When it is time to agree to a full year for 2006, the situation could have changed. He distributed figures with and without North Olmsted's participation. He does not feel that it is necessary to cap the amount in the contract, but if that is Council's wish, it can be done.
Mr. Frost said that he felt that the budget figure was enough.
Mr. Potterfield confirmed that notice of 60 days is necessary to withdraw from the project.
Another point was raised by Mr. Hagan. Page 3 of the contract indicates that employees will be employees of the City of Westlake. The Mayor indicated that that has not yet been determined. If Council chooses to change the contract, it will have to be countersigned by the other cities in the agreement. In discussing that with Mayor Clough of Westlake, however, that does not appear to be a problem.
Mr. Gollinger agreed with Mr. Frost and said that Council will have a number of opportunities to control what happens, and the opportunity to withdraw if escalating costs are not under control.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Potterfield, that Section 5, b. be amended to read:
"For continued operations, the formula used shall be that set forth in paragraph a(ii) above as shown on Exhibit A attached hereto and incorporated by reference herein except that the City of Rocky River shall only pay up to $140,000 per year for its annual share for the continued operations nonfunded."
Vote: Gollinger - nay Potterfield - nay Frost - nay
Hurtuk - nay Bartolozzi - nay Hagan - aye
Bobst - aye
2 ayes 5 nays DEFEATED
Moved by Mr. Hurtuk, seconded by Mr. Frost, that Section 4 be amended to include with the statement that the dispatch employees are employees of the City of Westlake, "or such other entity as the participating cities' Mayors shall determine.", and in the next line, "or such other entity," and finally, at the end of Section 4, "or such other designated entity."
Discussion: Mr. Matty pointed out that there is no legality as this has not been researched. If any other entity is chosen, rules of PERS must be followed.
The Mayor indicated that the matter is not yet settled, but that any decision must meet applicable laws.
Mr. Hurtuk asked if the matter must be determined tonight. Mayor Knoble indicated that the acceptance deadline is tomorrow. This deadline has already been extended three times. The Mayor pointed out that this terminology broadens options and should not be a problem for the other cities.
Mr. Hagan pointed out that Bay Village and Fairview Park have passed the agreement as is.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - nay Bartolozzi - aye Hagan - aye
Bobst - aye
6 ayes 1 nay PASSED
Finally, the Mayor explained a proposed amendment addition to Section (iii), "Should the WCOG receive one or more grants to fund the purchase and installation of the equipment, only any remaining unfunded portion shall be allocated as above." It was the consensus that since a FEMA grant covered the cost of the equipment and the Cleveland Clinic would fund the remainder, this was unnecessary and no vote was taken.
Vote on Amended Ordinance No. 134-04:
Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - nay Bartolozzi - aye Hagan - aye
Bobst - aye
6 ayes 1 nay PASSED
ORDINANCE NO. 138-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE ACCEPTING A STANDARD EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER MAIN FOR THE PURPOSE OF SUPPLYING WATER SERVICE TO BEACHCLIFF ROW SUBDIVISION IN THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
As requested by the Law Director, this ordinance will be held pending revision of the exhibit.
ORDINANCE NO. 139-04 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO SELL TWO (2) USED POLICE CARS NO LONGER NEEDED FOR CITY USE WHICH WERE PUBLICLY BID ON SEPTEMBER 30, 2004 FOR A TOTAL SUM OF $10,240.01
1ST READING
Moved by Mrs. Bartolozzi, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 139-04 be read on three separate days be suspended, and that Ordinance No. 139-04 be placed upon its passage:
Discussion: Police cars no longer suitable for department use are sold every year, so Mrs. Bartolozzi said that she could see no reason to delay.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bartolozzi, seconded by Mr. Frost, that Ordinance No. 139-04 be passed as read:
Discussion: Mayor Knoble explained that three cars were replaced. The best has been assigned to the Senior Center to transport seniors in cases where it is more convenient than the van.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 140-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH NERONE & SONS, INC. FOR THE PRIMARY CLARIFIER DRIVES REPLACEMENT AT THE WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $277,600.00
1ST READING
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 140-04 be read on three separate days be suspended, and that Ordinance No. 140-04 be placed upon its passage:
Discussion: The work, delayed because it had to be bid twice, needs to get under way, so it should not be delayed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Gollinger, seconded by Mr. Frost, that Ordinance No. 140-04 be passed as read:
Discussion: Mr. Lesiecki explained that in 2002, two primary clarifier drives similar to these were replaced on an emergency basis due to failure. This time is a non-emergency which, because of the rise in the price of steel and an insufficient allowance of time for the work, required rebidding. Mr. Lesiecki requested passage so that the work can get underway. Mr. Gollinger noted that the City's share of this cost would be 27%.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 141-04 BY MAYOR WILLIAM F. KNOBLE
AN EMERGENCY ORDINANCE CREATING THE ROCKY RIVER CITY RECORDS COMMISSION
1ST READING
The Mayor deferred to the Finance Director who indicated that he had received a few requests for record disposal. He felt it is time to implement a Records Commission as required by the Ohio Revised Code.
Mrs. Bobst noted that a number of Ohio communities have records commissions. This will be discussed further at the next Committee-of-the-Whole. She further noted that the wording in our ordinance is identical with that of the ORC.
Mr. Gollinger asked if the Law Director is in accord. Mr. Matty said that it came directly from the Ohio Code.
Mr. Frost asked if there were budget considerations. Mayor Knoble said that the positions would be voluntary or assigned as job responsibilities, and he was anticipating no costs
ORDINANCE NO. 142-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE CHANGE ORDERS FOR DIGIOIA-SUBURBAN EXCAVATING, LLC FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE ORCHARD PARK/BATES ROAD AREA WATERLINE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $45,000.00
1ST READING
Moved by Mr. Hagan, seconded by Mr. Frost, that the rule requiring that Ordinance No. 142-04 be read on three separate days be suspended, and that Ordinance No. 142-04 be placed upon its passage:
Discussion: Mr. Lesiecki explained that Mr. DiGioia has requested a formal change order before work can continue. Mr. Lesiecki cannot write the orders without funding from City Council. When change orders are issued, the work will recommence as soon as possible.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Frost, that Ordinance No. 142-04 be passed as read:
Discussion: The new drawings attached to the ordinance were requested by Mr. DiGioia. The funds in this ordinance will not be paid at one time, but the work will be tracked, and only additional services not included in the original contract will be reimbursed. The change order is necessary because of Mr. DiGioia's interpretation of the drawings with which the Engineer does not agree. One item added, however, was faster-setting concrete so that the job could proceed more quickly.
Mr. Gollinger asked if this work is over and above the original scope of the project. Mr. Lesiecki explained that these charges are the result of a meeting with the contractor two weeks ago after installation of the curb on Berry Drive. The contractor requested additional drawings which were provided. Mr. Gollinger wished to be sure that the policy has not changed, and that good concrete will not be replaced with new concrete. Mr. Lesiecki confirmed that that is true.
In response to a question from Mr. Hurtuk, Mr. Lesiecki indicated that he disagreed with approximately 50% of the charges in the agreement. Mr. Hurtuk asked if further change orders are expected. Mr. Lesiecki said that there are no meetings scheduled and nothing under discussion, but with this contractor, nothing can be ruled out.
Mrs. Bobst asked about the time frame for completion of the project. Since nothing has been done for three weeks of good weather, it tightens the time situation. Mr. Frost noted that he had driven the area today and saw no work except for a subcontractor finishing details. He has received a report from Mr. Flynn, a resident who reports seeing no significant work since the curb going in.
Mr. Hagan pointed out a typographical error in the drawings which were dated 2003 instead of 2004, but was assured by the engineer that these are the current drawings produced after the meeting with the contractor.
Mr. Lesiecki once more pointed out that he will carefully monitor the work done, but he said if he wants the project to be finished this year, he cannot argue until the work is complete. He is hoping that the project will be complete by Thanksgiving.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS: NONE
AUDIENCE PARTICIPATION:
Mrs. Ruth Stadler, a representative of the League of Women Voters, said that she would place copies of the League's Voter's Guide outside the Council Chambers.
The meeting was adjourned at 9:31 p.m.
_______________________________ _______________________________
Pamela E. Bobst Misao Kurokawa
President of Council Clerk of Council
Please note: This is a draft copy of the minutes of the Legislative Meeting of October 11, 2004. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
OCTOBER 11, 2004
Environmental Committee
The meeting of the Environmental Committee was called to order by the Chairman, Mr. Gollinger, at 7:01 p.m. in the David J. Cook Council Chambers.
Environmental Committee Members Present: Mr. Gollinger, Mrs. Bartolozzi, Mr. Hagan,
Mr. Potterfield
Council member present: Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Beirne
Law Director: Mr. Matty
Mr. Gollinger opened the meeting by reviewing salient points raised at previous meetings in discussions of rental properties. Mr. Gollinger noted that Lakewood and Bay Village have raised the bar and met with success in stabilizing housing stock. Another factor is safety, with some fire issues experienced on Lake Road and Hilliard. He noted that a few residents had expressed interest in sharing their views. In his Ward 3, there are many single-family rental homes on Wooster and adjoining streets. Although he hoped for future sale of those properties as single family owner-occupied dwellings, he observed that the City must deal with them as they currently exist.
Steve Dever, 2126 Wooster Road, indicated that he is an absentee landlord, and he is in favor of any proposal to insure that housing standards are maintained. He owns two properties on Telbir Road including one at 19287 which was owned by a Florida resident who had not visited the property for 7 years prior to selling it. It was in deplorable condition and had to be razed and replaced. He cited a house at 19326 Telbir where neighbors complained about the tenants who were subsequently evicted, though leaving evidence of drug use behind.
Mr. Dever suggested "beefing up" the Building Department to enable it to be proactive rather than wait for properties to become uninhabitable. He stated that Lakewood now has 70 such properties and he would hate to see that happen in Rocky River. He travels to other cities and has observed that a zero tolerance focus has a ripple effect and everyone has a better sense of community. Two part-time inspectors cannot hope to see 2300 rental units. He has spoken with our judges and feels they are committed to making sure properties are maintained.
Mr. Hagan raised the question of support from the courts. He observed that our judges, with a workload of five jurisdictions, allow landlords extended periods for modifications and no fines. He asked if Mr. Dever had suggestions to convince our judges that enforcement is essential. Mr. Dever noted that the neighborhood sets the standards, and Council must be willing to devote resources to enforcement. It may be that a liaison is necessary with the Courts to convince them of the importance of the issue. The noncompliant landlord should have to pay costs and fines.
Harry Hewitt, 18690 Inglewood Ave. commended Mr. Dever for the way in which he maintained his property. As a non-landlord homeowner, he is concerned that landlords be held accountable for their properties. Those who are not caring well for their properties should have to pay. He favors annual inspection and an annual fee. Rocky River is a residential community, and that is its attraction. If property values start to drop, everyone will be hurt. Since this is an aging community, this is a very important issue.
Bill Goepfert, 18666 Inglewood Ave. came forward to reiterate what has been stated. He also praised Mr. Dever for his property maintenance and thanked Mr. Beirne and Mr. Gollinger for being helpful. As a landlord in Bay Village, he is experienced with annual inspections and $50 inspection fees (occupancy permits). He accepts that as part of being a landlord, and his experience is that the inspections are done quickly. That program, which began about 10 years ago, has been effective.
Mr. Gollinger asserted that the responsibility for the program falls within the purview of the Administration. Council's role is to make sure that the Administration has the tools to carry out the program. He said it is immaterial how many inspectors the Administration hires, or what equipment it buys, and he does not want to place handcuffs on the Administration as to how it accomplishes the goal. He would like to improve the quality of the housing stock, increase the frequency of inspections and fees for inspection. This is not an unfunded mandate. This is not to say that resident-occupied properties do not have problems. Perhaps classes are necessary, or Court enforcement, but that is up to the Mayor and the Building Department.
Mrs. Bartolozzi noted that there has been an increase in the number of single-family rental homes since the 1970's, and this means more inspections. She hoped to see this problem addressed.
Mr. Gollinger further noted his opinion that every unit, even in large buildings needs to be inspected, and the cost needs to be applied to every unit.
Mr. Beirne, the Building Commissioner, said that he agreed with everything said. However, he noted that there will be a great deal of paperwork generated by annual inspections. Pursuing noncompliant landlords and going to Court will be time-consuming and generate more paperwork. The biggest problems are with single family, doubles, or small apartment buildings. Larger buildings tend to be well-maintained. It will be especially difficult to schedule inspections for those buildings.
Mr. Potterfield said that he was in complete agreement with inspection of properties. With 2713 rental units in the City, the proposed fee could generate about $100,000. Two full-time inspectors would have to inspect about 20 properties per week and the cost of their salaries, computers, secretary-Mr. Beirne added cell phone and cars- Mr. Potterfield wondered if the fee should be higher, since he thought the program should be self-funded.
Mrs. Bobst identified two areas in which Council has the ability to effect change:
1. Appropriation of funds to assist the Administration.
2. Identify deficiencies in the Code which need to be strengthened or enhanced.
These two should form a parallel process. She sympathized with residents who have difficulty maintaining their properties and pointed to the possibility of programs to help seniors. The Heritage Home Loan Program is already in place to assist some homeowners.
Mr. Gollinger suggested a vote on recommendations to review existing ordinances and initiate change.
MOTION:
Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the Committee move forward to adjust the rental property from a biennial fee of $25 to an annual fee of $50.
Discussion: Mr. Potterfield suggested that $50 may not be enough to make the program self-funding and suggested that a larger increase may be necessary.
Vote: Gollinger - aye Bartolozzi - aye Hagan - aye
Potterfield - aye
4 ayes 0 nays PASSED
Moved by Mr. Gollinger, seconded by Mr. Hagan that the frequency of rental property inspections be increased from biennial to annual.
Vote: Gollinger - aye Bartolozzi - aye Hagan - aye
Potterfield - aye
4 ayes 0 nays PASSED
Mr. Gollinger then moved to a discussion of incorporating a Point of Sale Inspection for rental properties.
It was decided that the Committee would defer discussions of this point and the others, (rental property inspection prior to occupancy of new tenants, increasing severity of property maintenance violations from minor misdemeanor to misdemeanor and consideration of a meeting with the Court to address the importance of these cases) to a future time.
Because of time constraints, it was further decided that the second topic to be discussed, railroad quiet zones would be addressed during the Mayor's Report at the Legislative Meeting to follow.
The meeting was adjourned at 7:59 p.m.
_______________________________ _______________________________
Frank B. Gollinger, Chairman Misao Kurokawa
Environmental Committee Clerk of Council
Please note: This is a draft copy of the minutes of the meeting of the Environmental Committee of October 11, 2004. These minutes may be revised or amended at the next Legislative Meeting.